Texas House Bill HB4086

Texas 2017 - 85th Regular

Caption

Relating to expunction of a notice of lis pendens.

Impact

The enactment of HB 4086 is poised to have a notable impact on real estate transactions in Texas. By removing the legal burdens associated with a notice of lis pendens that has been expunged, property owners will gain more assurance and flexibility when selling or financing their properties. The bill addresses issues of constructive notice and duties of inquiry, which can complicate property transactions. This legal clarity is expected to facilitate smoother dealings in the real estate market, preventing potential disputes arising from unresolved notices.

Summary

House Bill 4086 aims to amend the Property Code regarding the expunction of a notice of lis pendens. A notice of lis pendens is a legal notice that a lawsuit has been filed concerning a property, which can affect a party's ability to convey or mortgage that property. The bill specifies that once a certified copy of an order expunging such a notice is recorded, the notice will no longer have any legal effect. It essentially provides clarity on how recorded notices of lis pendens can be dismissed and the implications for property transactions thereafter.

Sentiment

The sentiment surrounding the bill appears to be largely positive, particularly among real estate professionals and property owners who may have been hindered by ambiguities associated with notices of lis pendens. Supporters view this legislation as a necessary update to property law that aligns with the needs for efficient real estate transactions. However, the bill could also face scrutiny from legal advocates concerned about ensuring that property rights are not compromised during the expunction process.

Contention

Notable points of contention may arise regarding the bill's provisions about how expunctions are handled and whether they sufficiently protect the interests of all parties involved, such as potential buyers and lenders. The change applies only to orders recorded after the effective date, which could create disparities in how similar cases are treated based on the timing of the notice, leading to questions around fairness and consistency in property law enforcement across different timelines.